HEMANTA KUMAR PATHAK AND ORS. Vs. THE UNION OF INDIA AND ANR.
LAWS(GAU)-2018-3-152
HIGH COURT OF GAUHATI
Decided on March 21,2018

Hemanta Kumar Pathak And Ors. Appellant
VERSUS
The Union of India And Anr. Respondents

JUDGEMENT

ACHINTYA MALLA BUJOR BARUA,J. - (1.) Heard Mr. A.K Roy, learned counsel for the petitioner also heard Mr. S.C Keyal, learned ASGI for the respondent authorities appearing in WP(C) No.3338/2012, WP(C) No.4324/2012, WP(C) No.5949/2011, WP(C) No.6005/2011, Ms. B. Sarma, learned CGC appearing for the respondent authorities in WP(C) No.6311/2011, Mr. S.K. Medhi, learned CGC appearing for the respondent authorities in WP(C) No.707/2012 and Mr. K.K. Parasar, learned CGC appearing for the respondent authorities in WP(C) Nos. 4510/2011 and WP(C) No.993/2012. All the 08(eight) writ petitions pertain to a disciplinary proceeding that was held against them resulting in the order of penalty of reduction of three increments with cumulative effect. As the factual backgrounds as well as the legal issues are more or less same, albeit minor variance between the petitions, it is deemed appropriate that all the eight writ petitions can be given a final consideration by a common judgment and order.
(2.) For the sake of brevity, the fact as found in WP(C) No.4510/2011 is being considered. A memorandum of charge dated 04.06.2009 was issued to the writ petitioner Hemanta Kumar Pathak of the 33rd Battalion of SSB, Rangia under Rule-14 of the Central Civil Service (Classification Control and Appeal) Rules, 1965 read with Rule-27 of the CRPF Rules, 1955. The said memorandum of charge was not acted upon.
(3.) But nevertheless, another memorandum of charge dated 04.07.2009 was issued under the same provision. Consequently, the memorandum of charge dated 04.07.2009 is construed to be the memorandum of charge, by which the disciplinary proceeding was initiated against the petitioner.;


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